RESP caper back in court

21 Apr 2015

SHARE

RESP caper back in court

The former hospital employee who allegedly used patient information for her own personal gain appears before a judge Tuesday morning, with the possibility advisors could finally learn the names of RESP firms accused of buying that improperly obtained information.

It’s been five months since news about the information breach at Rouge Valley Centenary Hospital in Toronto broke and yet advisors haven’t gotten any closer to learning the names of the RESP dealer who it's believed bought the lists of maternity patients. But that could change as early as this morning with one of the alleged perpetrator of the crime, Shaida Bandali, appearing in courtroom 111 at Old City Hall in Toronto to set a date for trial.

WP first reported on this privacy case last November when it was alleged that as many as two former employees at Rouge Valley Centennial Hospital in Toronto improperly transferred as many as 14,000 patient records over a four-year period to private interests.

So egregious was the breach that the Ontario Privacy Commissioner’s office undertook a review of the hospital’s handling of patient information. In December it released both its key findings of that review as well as an order for the hospital to make wholesale changes to its electronic information systems in order to prevent future breaches.

“This Order should send a strong message to all health information custodians in Ontario, including hospitals,” said then-acting Commissioner Brian Beamish. “The strong message to staff is that there will be serious consequences arising from their actions.”

Michael Crystal, one of the lawyers leading a class action lawsuit on behalf of former patients, commented on the Privacy Commissioner’s actions. “As counsel for the plaintiffs in the Rouge Valley action, myself and Mr. Mizobuchi (the other lawyer leading the class action) recognize that it is rare for the Information and Privacy Commissioner to issue orders and are very encouraged by these findings. This is a significant development in the case. We remain committed to pursuing a remedy for these families in a court of law."

While this is great news for the families involved, it’s still to be determined if the RESP dealer itself will face the music.